Vikash Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29861 of 2015 Arising Out of PS.Case No. -90 Year- 2014 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ====================================================== Vikash Kumar .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmesh Kumar For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 323,341,498A,379 and 406 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioner that the petitioner disputes the factum of marriage whereas learned counsel for the informant submits that after four years of marriage the petitioner disputes the marriage. Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for seven months in the event of arrest or surrender before the learned Court

Patna High Court Cr.Misc. No.29861 of 2015 (2) dt.28-07-2015 2/2 below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Vaishali at Hajipur in connection with Tissiautta P.S. Case No.90 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the learned court below conduct an enquiry and if the learned court below comes to a conclusion that the petitioner has not performed marriage with the informant then the provisional bail will be confirmed by learned court below but if the learned court below comes to the conclusion otherwise then the petitioner will surrender and pray for regular bail. (Dinesh Kumar Singh, J) Anil/- U T